(PatriotWise.com)- On Friday the Department of Justice brought a lawsuit against Texas and Governor Greg Abbott to block a state executive order restricting the travel of illegal aliens over concerns of the potential spread of COVID-19.
The DOJ complaint, issued on July 28, claims that Abbott’s executive order interferes with the Federal government’s ability to lawfully release and transport illegals, and violates intergovernmental immunity.
In its complaint the DOJ writes that no state can obstruct the Federal government “in the discharge of its constitutional responsibilities.”
The DOJ sued just one day after Attorney General Merrick Garland threatened to pursue “legal remedies” if Governor Abbott did not rescind his executive order.
Abbott’s order limits the transportation of illegal aliens recently released from Border Patrol custody “who pose a risk of carrying COVID-19 into Texas communities.” Calling the surge of illegals crossing into Texas an “ongoing and imminent threat,” the order directs the Texas Department of Public Safety to stop and turn back any vehicles suspected of transporting illegals.
In 2010, the state of Arizona enacted SB-1070 or “Support Our Law Enforcement and Safe Neighborhoods Act.” In effect, the state passed a law to enforce the federal immigration laws the Obama Administration refused to enforce.
Obama’s DOJ sued Arizona and the case went to the Supreme Court which ruled that, when it comes to immigration enforcement, the Executive branch of the Federal government has plenary power. And no state can supersede the authority of the Federal government.
Given the argument in the DOJ’s lawsuit against Texas, it appears they are making a similar argument against Abbott’s executive order that was used against Arizona. That being the case, it is likely that this lawsuit against Texas will be a win for the Biden Justice Department on the same grounds.
In a statement regarding the suit, Governor Abbott said he would fight the Justice Department’s attempt to block this order. He accused the Biden administration of “jeopardizing the health and safety of Texans on a daily basis by refusing to follow the law,” adding that he would do anything within the law to “protect the health and safety of all Texans.”
There have been over 1.1 million illegals apprehended at the border in the first six months of this fiscal year. In June alone, nearly 190,000 illegals were apprehended – a record high.
Writing for the Federalist on Wednesday, law professor Margot Cleveland believes that Abbott’s executive order is “doomed to fail,” but contends that, even with a court defeat, the optics for the Biden administration – especially given the overwhelming opposition to his immigration policies – will be a PR disaster for the administration.